costs defense in Ohio

11 Ohio opinions name it 3 courts 1965–2019 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
State v. Hayden, 90474 (12-4-2008)green ohioctapp · 2008 · cited in 1 Ohio opinions naming this issue, 2011–2011 1 sentence 2011See State v. Hayden, Cuyahoga App. No. 90474, 2008-Ohio-6279, ¶19 (holding that defense counsel’s failure to move for waiver of court costs did not amount to ineffective assistance of counsel because there was “no showing of a ‘reasonable probability’ that the court would have waived the costs had defense counsel filed a motion”). {¶ 12} We find that the court acted within its discretion when it denied defendant’s motions to waive payment of court costs and stated that “Defendant may work off court costs via community work service * * *.” The Ohio Supreme Court has held that “a trial court may	1	1
Nottingdale Homeowners' Ass'n v. Darbygreen ohio · 1987 · cited in 1 Ohio opinions naming this issue, 1994–1994 2 sentences 1994See Justice Locher's dissent in Nottingdale Homeowners' Assn., Inc. v. Darby (1987), 33 Ohio St.3d 32, 37 , 514 N.E.2d 702, 707 . 22 1994See Justice Locher's dissent in Nottingdale Homeowners' Assn., Inc. v. Darby (1987), 33 Ohio St.3d 32, 37 , 514 N.E.2d 702, 707 . 22	1	1
Pennsylvania Threshermen & Farmers' Mutual Casualty Co. v. Drakegreen ncwd · 1962 · cited in 1 Ohio opinions naming this issue, 1965–1965 1 sentence 1965See Casualty Co. v. Drake, 207 F. Supp. 91, 98 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Lindsey v. Markley green ohioctapp · 1950 2 sentences 2006Accordingly, "[t]hose attacking [the validity of a will] cannot complain of its being defended, or the costs of such defense being taxed against the estate." Lindsey, 87 Ohio App. at 532 {¶ 16} As to the extraordinary fiduciary fees, R.C. 2113.36 permits a fiduciary to receive fees for "extraordinary services not required of a [fiduciary] in the common course of his duty." Compensation for extraordinary services "concerns the fiduciary alone and does not concern the matter of counsel fees." In re Estate of Haggerty (C.P. 1955), 70 Ohio Law Abs. 463 , 128 N.E.2d 680 , 685. 1976“Those *194 attacking it [the will] cannot complain of its being defended, or- the costs of such defense being taxed against the estate, which estate the testatrix intended should be controlled by the provisions of the will.” Lindsey v. Markley (1950), 87 Ohio App. 529, 532 ; annotation, 40 A. L.	2	1976–2006
State v. Springs green ohioctapp · 2015 1 sentence 2019Champaign No. 2015-CA-3, 2015-Ohio-5016, ¶12 . 11 {¶51} Thus, to the extent the trial court determined Mr. Perkins was able pay some of the costs of his defense under R.C. 2941.51(D), the court was obligated to order Mr. Perkins to pay them and enter judgment accordingly.	1	2019–2019
State ex rel. Yellow Freight System, Inc. v. Industrial Commission green ohio · 1994 2 sentences 2018Yellow Freight , 71 Ohio St.3d at 142 , 642 N.E.2d 378 . 2018Yellow Freight , 71 Ohio St.3d at 142 , 642 N.E.2d 378 .	1	2018–2018
State v. Threatt green ohio · 2006 2 sentences 2011Furthermore, the Court has held that “when collecting court costs from an indigent criminal defendant, the state may use any collection method that is available to collect a civil money judgment or may use R.C. 5120.133 to collect from a prisoner’s account * * .” State v. Threatt, 108 Ohio St.3d 277 , 843 N.E.2d 164 , 2006-Ohio-905 , ¶24. {¶ 13} Accordingly, defendant’s sole assignment of error is overruled. 2011Furthermore, the Court has held that “when collecting court costs from an indigent criminal defendant, the state may use any collection method that is available to collect a civil money judgment or may use R.C. 5120.133 to collect from a prisoner’s account * *.” State v. Threatt, 108 Ohio St.3d 277 , 843 N.E.2d 164 , 2006-Ohio-905 , ¶24. {¶ 13} Accordingly, defendant’s sole assignment of error is overruled.	1	2011–2011
Strickland v. Washington green scotus · 1984 1 sentence 2008Strickland v. Washington (1984), 466 U.S. 668 ; State v. Brooks (1986), 25 Ohio St.3d 144 .	1	2008–2008
State v. Blade, Unpublished Decision (10-4-2007) green ohioctapp · 2007 1 sentence 2008IV. {¶ 16} In appellant's third and final assignment of error, he argues that "counsel was ineffective under the Sixth and Fourteenth Amendments of the federal Constitution when he failed to request the trial court to waive or suspend the court costs in violation of State v. Blade , 2007 Ohio 5323 ." {¶ 17} To substantiate a claim of ineffective assistance of counsel, an appellant must demonstrate that 1) the performance of defense counsel was seriously flawed and deficient, and 2) the result of appellant's trial or legal proceeding would have been different had defense counsel provided proper	1	2008–2008
State v. Brooks green ohio · 1986 1 sentence 2008Strickland v. Washington (1984), 466 U.S. 668 ; State v. Brooks (1986), 25 Ohio St.3d 144 .	1	2008–2008
In re Estate of Haggerty green ohprobctcuyahog · 1953 1 sentence 2006Accordingly, "[t]hose attacking [the validity of a will] cannot complain of its being defended, or the costs of such defense being taxed against the estate." Lindsey, 87 Ohio App. at 532 {¶ 16} As to the extraordinary fiduciary fees, R.C. 2113.36 permits a fiduciary to receive fees for "extraordinary services not required of a [fiduciary] in the common course of his duty." Compensation for extraordinary services "concerns the fiduciary alone and does not concern the matter of counsel fees." In re Estate of Haggerty (C.P. 1955), 70 Ohio Law Abs. 463 , 128 N.E.2d 680 , 685.	1	2006–2006
State v. McLean green ohioctapp · 1993 1 sentence 2004State v. McLean (1993), 87 Ohio App.3d 392 .	1	2004–2004
Ward v. Village of Monroeville green scotus · 1972 1 sentence 1998In Ward v. Village of Monroeville (1972), 409 U.S. 57 , the United States Supreme Court found it was a denial of due process for a tribunal to have financial interest in the outcome of its proceedings.	1	1998–1998
Fuller v. Oregon green scotus · 1974 2 sentences 1993In Fuller v. Oregon (1974), 417 U.S. 40 , 94 S.Ct. 2116 , 40 L.Ed.2d 642 , the United States Supreme Court considered this very issue in the context of the Oregon statute which provides for recoupment by the state of attorney fees and expenses it has paid for indigent criminal defendants who subsequently acquire the financial means to repay the costs of their defense. 1993In Fuller v. Oregon (1974), 417 U.S. 40 , 94 S.Ct. 2116 , 40 L.Ed.2d 642 , the United States Supreme Court considered this very issue in the context of the Oregon statute which provides for recoupment by the state of attorney fees and expenses it has paid for indigent criminal defendants who subsequently acquire the financial means to repay the costs of their defense.	1	1993–1993

Where else courts name it

CA 93 (1965–2025) IL 34 (1974–2020) NY 32 (1855–2022) NJ 23 (1941–2025) PA 17 (1924–2020) OR 16 (1970–2021) TX 16 (1856–2021) LA 13 (1985–2016) OH 11 (1965–2019) AZ 10 (1972–2012) FL 9 (1979–2018) WI 7 (1989–2018) NH 6 (1852–2023) WA 6 (1997–2019) CO 5 (1988–2026) IA 5 (1935–2024) MD 5 (1981–2023) MI 5 (1966–2009) MA 4 (1983–2017) MN 3 (1979–2009) CT 3 (1990–2003) AK 3 (1976–2014) VT 3 (1880–2019) VA 3 (1995–2016) MT 3 (1991–2009) ND 3 (1981–1982) OK 2 (1998–1998) GA 2 (1986–2016) NM 2 (1993–2009) ID 2 (1984–1992) NC 2 (1992–2001) AL 2 (2007–2011) DE 2 (1982–2004) MO 2 (2010–2019) RI 2 (1995–2010) WY 2 (2000–2002) IN 2 (1980–1991) KS 2 (1979–2003) UT 2 (2008–2009) HI 2 (2009–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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